Monthly Archives: October 2011

Copyright

Shah Rukh Khan’s RA.One in Copyright Dispute

by
3 Comments

Shah Rukh Khan’s latest film venture, RA.One, an expensive affair to begin with, just got costlier by Rs. One crore, for a potential intellectual property rights violation. This isn’t the first time the release of an expected Bollywood blockbuster has been hindered by the prospect of having violated provisions of the Indian Copyright Act. Interestingly in this case, the court did not not stay the release of the film, but rather asked SRK’s company, Red Chillies Entertainment to deposit Rs….


Read More »

FICCI launches Online Certificate Course in IP

by
2 Comments

FICCI has launched an Online Certificate Course on Intellectual Property, for which registrations are scheduled to begin next month. FICCI sends us the following information on the course, and related registration details. Please don’t forget to mention you came via SpicyIP! — Federation of Indian Chambers of Commerce and Industry (FICCI) has started an Online Certificate Course on Intellectual Property (IP). The objective of the Course is to increase awareness about IP in the Society for the benefit of the…


Read More »

Of ties, school ties and alumni

by
4 Comments

School ties are easy enough to get rid of. Mine was navy blue, with sky blue stripes on it. Not very pretty, but I have still kept it, grudgingly, to remind me of those horror-some years. But college ties are a completely different story. As I was to discover in the three years after school. It’s been a while since, but college is still not out of mind. (image from here) But enough about me and my collection of ties….


Read More »

Reflecting on the Transparency Crusade

by
12 Comments

The genesis of SpicyIP in 2005 had strong roots in the fervent desire to weed out corruption at Indian IP offices, by interalia, fostering greater levels of transparency. While we’ve witnessed some modest success along the way, it really falls several notches short of what we initially set out to do. All of us have day jobs/preoccupations that cast serious limitations on the time that we have at our disposal, but that is no excuse. The road to transparency has…


Read More »

Roche files a total of ten law suits for infringement of its ‘erlotinib’ patent – IN 196774

by
9 Comments

While Novartis was the first land mark case on Section 3(d), it was the Roche-Cipla tussle over Indian Patent No. 196774, which laid down the first judicial precedent for the grant of interim injunctions in the case of infringement of pharmaceutical patents. This infringement suit was filed in January, 2008 and Justice Bhat subsequently delivered orders on the interim injunction application within 2 months. The matter then went to trial, which is now complete and should hopefully be argued before…


Read More »

Managing IP brings India IP Focus 8th Edition

by
Leave a Comment

The regular readers of Spicy IP may already be familiar with Managing IP, an organization providing global resources for IP news and analysis, whose IP webinars have often been announced and reported in the past in this blog (here, for example). One of the resource units in the Managing IP website concentrates exclusively on relevant and contemporary India-specific IP issues, titled India IP Focus. The latest edition of India IP focus, for example, brings for the readers a wonderful repository…


Read More »

SpicyIP Tidbit: Indian generic companies now step into MPP

by
Leave a Comment

Indian generics Aurobindo Pharma Limited and MedChem, yesterday joined the Medicines Patent Pool (MPP) for the manufacture of several antiretroviral medicines. While Aurobindo is a well established generic unit which already produces antiretrovirals, MedChem is apparently a new comer into the HIV field. [The MPP is a patent pool which seeks to facilitate the innovation and production of ARVs in developing countries — we have written on it before here] This will allow Aurobindo to have access and produce the products that Gilead…


Read More »

The absence of evidence in NATCO’s CL application for Nexavar

by
15 Comments

There has been considerable world-wide interest over NATCO’s compulsory licensing application for Indian patent number 215758 i.e. Bayer’s patent for Sorafenib, which is marketed under the brand Nexavar. It’s the first such application post 2005 and is widely seen as the test case. Considering that the patent belongs to an American company it is likely that this issue will reverberate at the WTO. We had earlier blogged on this CL, over here and here. NATCO’s CL application is available over…


Read More »

Examination of patent applications at the Indian patent office.

by
6 Comments

Our patent office recently issued a circular relating to examination of patent applications and consideration of examiner’s report by the Controllers.  This circular provides an insight into the current process of examination of a patent application and also provides concrete steps to reduce the delay (at the patent office) in examination.  In my opinion, this is a very welcome step and long overdue.  PS:  We had, in one of our previous post provided suggestions for improving the working of the patent office…


Read More »
Patent

Standard (US) for determining obviousness in chemical cases

by
4 Comments

This post provides an overview of the Federal Circuit’s decision in Unigene Labs. and Upsher-Smith Labs v. Apotex (Fed. Cir. 2011) with respect to determination of an inventive step.  Long post follows. Summary: Unigene reflects the extent to which the Federal Circuit has evolved KSR v. Teleflex (KSR’s) obviousness jurisprudence.  Instead of following the KSR direction of ‘obvious to combine’, the Federal Circuit differentiated formulating known compounds with novel compounds and therefore pushes the boundaries of non-obviousness to new levels.  That said, this case…


Read More »
  1. Pages:
  3. 1
  4. 2
  5. 3